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MOU between FAPESP and UT-Battelle

This memorandum of understanding is no longer valid.

MEMORANDUM OF UNDERSTANDING between UT-BATTELLE, LLC and FAPESP regarding Collaborative Exploration on Biofuels and Bioenergy Sustainability

This Memorandum of Understanding (MOU) is between Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP) and UT-Battelle, LLC (UT-Battelle), hereinafter jointly referred to as the “Participants.”

Oak Ridge National Laboratory (ORNL) is a facility of the Department of Energy (DOE), managed and operated by UT-Battelle, a limited liability company, organized and existing under the laws of the State of Tennessee, pursuant to its Prime Contract DE-AC05-00OR22725 with DOE.

Fundação de Amparo à Pesquisa do Estado de São Paulo, a juridical person of public law, established under the authorization of State Law number 5.918 of 18 October, 1960, with Statutes approved by State Decree number 40.132 of 23 May, 1962, registered at the National Tax Payer Roll under number 43.828.151/0001-45, with head office at Rua Pio XI, 1500, Alto da Lapa, São Paulo, SP, hereinafter named FAPESP and hereby represented by its President, Professor Celso Lafer, Ph.D.Brazil

BACKGROUND/PURPOSE

Representatives of UT-Battelle and FAPESP wish to explore collaborative opportunities in the area of biofuels and bioenergy sustainability.

Therefore, UT-Battelle and FAPESP intend to cooperate in a mutually beneficial manner to pursue these objectives as follows:

ROLES OF THE PARTICIPANTS

UT-Battelle and FAPESP intend to:

a. Develop a plan for future collaborative research and efforts in the area of biofuels and bioenergy sustainability

b. Collaborate with the aim of promoting and supporting research projects involving scientists from each Participant

c. Work together to build up scientific and technological competencies, foster strategic alliances for scientific and technological development, promote the dissemination of knowledge and generate results which potentially could lead to applications with market value in the area(s) of interest to FAPESP and UT-Battelle

d. Identify representative(s) to serve on various Boards, Steering Committees, and/or Working Groups that both Participants agree will be beneficial to this collaboration and their respective institution’s missions.

GENERAL PROVISIONS

1. POINTS-OF-CONTACT. Each Participant will designate a Point-of-Contact for implementation of this MOU. The designated Points-of-Contact are:

UT-BATTELLE, LLC
Name: Martin Keller, Ph.D.
Title: Associate Lab Director, EESD
Phone: 1-865-574-4333

FAPESP
Name: Carlos Henrique de Brito Cruz
Title: Scientific Director
Phone: 55 11 3838-4010

2. FUNDING, INTELLECTUAL PROPERTY RIGHTS, AND OTHER RESOURCES. This MOU is being entered into for the mutual benefit of the Participants and each Participant intends to pursue the objectives set out in this MOU. While the Participants intend to pursue the objectives defined in this MOU, this MOU does not constitute a commitment of funding, intellectual property rights, or other resources by either Participant. This MOU does not create any legally binding obligations. Any commitment of funds, intellectual property rights, disclosure of proprietary information, or other resources shall be made under a separate agreement.

3. EXPORT CONTROL. Each Participant acknowledges that it is responsible for its own compliance with all U.S. export control laws and regulations; and each Participant acknowledges it will not knowingly export directly or indirectly, through its affiliates, licensees, or subsidiaries, any export controlled hardware, software, or technical data in the performance of this MOU without a required license/authority which will be obtained by the responsible Participant from the appropriate U.S. Authority.

4. ISSUES RESOLUTION. Issues may arise which cannot be resolved between project personnel at ORNL and FAPESP. Such issues should be raised to supervisory or managerial personnel for direct communication between the Participants.

5. ENVIRONMENT, SAFETY, HEALTH AND SECURITY. For activities and operations conducted at ORNL, FAPESP’s employees, staff and assignees will follow UT-Battelle’s environment, safety, health, and security requirements and procedures. Research activities should be performed under a Research Safety Summary approved by UT-Battelle.

6. COMPLIANCE WITH LAWS. The Participants intend to comply with all applicable federal, state, and local laws and ordinances and pertinent DOE Orders.

7. EFFECTIVE DATE AND TERMINATION. This MOU should be in effect for a period of two (2) years effective upon the date of the last signature and may be extended or modified by mutual written agreement of the Participants. Either Participant may terminate this MOU by giving written notice to the other Participant.

SIGNATURES

This MOU is being executed in duplicate and is not effective until signed by both Participants.

FAPESP
Celso Lafer
Presidente

UT-BATTELLE, LLC
Martin Keller
Associate Lab Director, EESD